H.B. 329

1

WRONGFUL DEATH CLAIMS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lorie D. Fowlke
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill provides that wrongful death claims of children will be handled in the same
10 manner as the wrongful death claims of adults.
11 Highlighted Provisions:
12 This bill:
13 . provides that wrongful death claims of children will be handled in the same manner
14 as the wrongful death claims of adults.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78B-3-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
22 REPEALS:
23 78B-3-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78B-3-106 is amended to read:
27 78B-3-106. Death of adult -- Suit by heir or personal representative.

28 (1) Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, when the
29 death of a person [who is not a minor] is caused by the wrongful act or neglect of another, his
30 heirs, or his personal representatives for the benefit of his heirs, may maintain an action for
31 damages against the person causing the death, or, if the person is employed by another person
32 who is responsible for his conduct, then against the other person.
33 (2) If the adult person has a guardian at the time of his death, only one action may be
34 maintained for the person's injury or death.
35 (3) The action may be brought by either the personal representatives of the adult
36 deceased person, for the benefit of the person's heirs, or by the guardian for the benefit of the
37 heirs, as defined in Section 78B-3-105 .
38 Section 2. Repealer.
39 This bill repeals:
40 Section 78B-3-102, Injury or death of child -- Suit by parent or guardian.




Legislative Review Note
as of 2-6-09 10:01 AM

Office of Legislative Research and General Counsel